Agenda item

Decision

 

That the decision be delegated to the Head of Housing and Development Control to approve subject to the applicant entering into a section 106 Agreement, and the following conditions:

 

Conditions and Reasons

 

 

1.     Details of the access, appearance, landscaping, layout and scale (hereinafter called "the   reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

 

Reason: The permission is an outline planning permission.        

 

2.    Application for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

 

       Reason: Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

 

3.     The development hereby permitted shall begin not later than whichever is the later of the following dates: (a) the expiration of three years from the date of this permission; or (b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

Reason:  Required to be imposed pursuant to section 92 of the Town and Country Planning Act 1990.

 

4.     The development hereby permitted shall be carried out in accordance with the following approved plans listed on this notice below.

 

Reason: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity.

 

5.   An application for the approval of Reserved Matters shall apply the general principles of scale and design indicated in the proposed elevation drawings submitted for indicative purposes only (drawing numbers 766-10-216PRevC, 766-10-217PRevC, 766-10-218PRevC and 766-10-230PRevC, received on 3^rd November 2021).

 

       Reason:  The principles of scale and design that are established in this outline application are fundamental to the proposed vertical extension of the building, having regard to its position at the gateway to the Town Centre and potential impact on the setting of an adjoining Grade II listed building and the Town Centre Conservation Area, in accordance with Policies SP5 and HE2 of Burnley`s Local Plan (July 2018).

 

6.    Notwithstanding any indication on the indicative proposed elevations and illustrations submitted with this outline application, details and representative samples of the external materials of construction to be used on the walls and roof of the development (including doors and windows frames) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development.  The development shall thereafter only be carried out in accordance with the approved materials.

 

       Reason:  To ensure an appropriate appearance to the development, having regard to its prominent and sensitive location at the gateway to Burnley Town Centre and the setting of an adjoining Grade II listed building and the Town Centre Conservation Area, in accordance with Policies SP5 and HE2 of Burnley`s Local Plan (July 2018).

 

7.    Prior to the commencement of built development , details of the design and implementation of a surface water sustainable drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall thereafter be implemented and completed in accordance with the approved scheme prior any dwelling to any dwelling within each phase of the development being first occupied.  The approved drainage scheme shall be retained at all times thereafter.

 

Reason:  To ensure the adequate drainage of the site and to reduce the risk of flooding, in accordance with Policies CC4 and CC5 of the Burnley's Local Plan (July 2018). The scheme is required prior to the commencement of development to ensure that acceptable works can be agreed before works start and can then be implemented at an appropriate stage in the development.

 

8.    Prior to the commencement of any development, details of how surface water and pollution prevention will be managed during the construction process shall be submitted to and approved in writing by the Local Planning Authority.  The agreed measures shall be implemented at all times during the construction of the development until its completion.

Reason for condition:  To manage any risks from pollution and flooding arising from construction activities on site, in accordance with Policies NE5 and CC4 of Burnley`s Local Plan (July 2018).  The details are required to be submitted prior to the commencement of development in order that they can be in place prior to any work taking place that could lead to pollution or flooding from the site.

 

9.    The approved development shall not be first occupied until a Verification Report and Operation and Maintenance Plan for the approved surface water drainage system for the lifetime of the development has been submitted to and approved in writing by the Local Planning Authority.  The development shall be completed, retained, maintained and managed at all times in accordance with the approved plan.

Reason: To ensure adequate and appropriate funding, responsibility and maintenance mechanisms are in place for the lifetime of the development, in order to ensure the appropriate drainage of the site and to reduce the risk of flooding, in accordance with Policies CC4 and CC5 of the Burnley's Local Plan (July 2018).

 

10.    Foul and surface water shall be drained on separate systems.

 

       Reason: To ensure the site can be adequately drained, in accordance with Policy NE5 of the Burnley`s Local Plan (July 2018).

 

11.   An application for the approval of Reserved Matters shall provide details of secure cycle storage to cater for up to 32no. flats.  Secure cycle storage shall thereafter be constructed in accordance with the approved details and made available for use by all occupiers of the development prior to any flat being first occupied. The approved cycle storage shall not at any time be obstructed and shall be retained at all times for its original purpose.

 

          Reason:  To facilitate and encourage the use of cycles by occupiers of the development, as a sustainable mode of transport, having regard to the location of the site in Burnley town centre and the absence of on-site car parking, in accordance with Policy IC1 of Burnley`s Local Plan (July 2018).

 

12.    An application for the approval of Reserved Matters shall include details for the provision of internal storage of refuse and recycling waste and its collection and disposal from the site to cater for the needs of the development. Refuse and recycling storage shall thereafter be provided, collected and disposed of in accordance with the approved details and made available for use prior to any flat being first occupied. The approved refuse and recycling storage shall be retained at all times for its original purpose.

 

Reason: To ensure adequate storage for refuse and recycling waste is provided away from public views, in the interests of residential amenities, in accordance with Policy SP5 of Burnley’s Local Plan (July 2018).

13.   An application for the approval of Reserved Matters shall be accompanied with details of how energy and water efficiency measures are designed into the proposed scheme.  The approved measures shall thereafter be implemented in full prior to any flat being first occupied.

Reason:  To ensure that the scheme achieves a high standard of sustainability, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

 

14.   No development shall take place, including any works of demolition or site clearance, until a Construction Management Plan (CMP) or Construction Method Statement (CMS) has been submitted to, and approved in writing by the local planning authority. The approved plan / statement shall provide:

• 24 Hour emergency contact number

• Details of the parking of vehicles of site operatives and visitors

• Details of loading and unloading of plant and materials

• Arrangements for turning of vehicles within the site

• Swept path analysis showing access for the largest vehicles regularly accessing the site and measures to ensure adequate space is available and maintained, including any necessary temporary traffic management measures

• Measures to protect vulnerable road users (pedestrians and cyclists)

• The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

• Wheel washing facilities

• Measures to deal with dirt, debris, mud or loose material deposited on the highway as a result of construction

• Measures to control the emission of dust and dirt during construction

• Details of a scheme for recycling/disposing of waste resulting from demolition and construction works

• Construction vehicle routing

• Delivery and construction working hours.

The approved Construction Management Plan or Construction Method Statement shall be adhered to throughout the construction period for the development.

 

Reason: To ensure that the safety and amenities of occupiers of neighbouring properties and users of the local highway are satisfactorily protected, in accordance with Policies NE5 and IC1 of Burnley's Local Plan (July 2018).  The Construction Management Plan is required prior to the commencement of development to ensure that the measures contained therein can be carried out at the appropriate phases of the construction period.

 

15.      No development shall be commenced until a ground investigation and report which demonstrates that the development can be safely undertaken and occupied has been submitted to and approved in writing by the Local Planning Authority.  The ground investigation and report shall include the following :

1. the methodology, techniques and equipment and circumstances of the survey, the findings of tests and investigations and  final conclusions and recommendations;

2. any remediation measures which demonstrate that the development can be safely undertaken and occupied.

 

Where remediation works are identified, these shall be carried and completed as part of the construction of the development and a verification report to evidence this shall be submitted to and approved in writing by the Local Planning Authority prior to any flat being first occupied.

 

Reason:   There is the potential for the site to be affected by landfill gas and mine gas, in which case the investigation and any remedial measures that follow from this are necessary to ensure that the site is developed in a safe and secure manner, in the interests of public safety, in accordance with Policy NE5 of Burnley`s Local Plan (July 2018).

 

16.       No development shall be commenced until a noise assessment of the external and internal noise likely to affect the development has been submitted to and approved in writing by the Local Planning Authority.  The assessment shall take into account the noise from surrounding road networks including the nearby bus station and noise from town centre activities, including night time noise and environmental noise from any other noise sources, as well as potential noise generated within the proposed development.  The assessment shall identify all noise attenuation measures that are appropriate to mitigate against external and internal noise that identified in the assessment. No flat shall be first occupied until the approved noise attenuation measures have been carried out and completed and a verification report to evidence this has been first submitted to and approved in writing by the Local Planning Authority.  The approved noise attenuation measures shall be retained at all times.

Reason:  To ensure a satisfactory amenity for occupiers of the development, in accordance with Policy SP5 of Burnley`s Local Plan (July 2018).

 

17.      In the event that the development has not commenced by the 30^th April 2024, no works or development shall take place after this date until the building has been re-assessed for bats by a suitably qualified bat specialist or ecologist, the findings of which shall be submitted to and approved in writing by the Local Planning Authority. In the event that the survey finds evidence of bats at the site, no development shall take place until appropriate advice has been taken and any necessary licence has been obtained or mitigation measures agreed.

            Reason: To take into account the passage of time between the submitted Preliminary Bat Roost Assessment Report and the potential start of works, in order to protect bats which are protected species, in accordance with Policy NE1 of Burnley`s Local Plan (July 2018).  The survey is required prior to the commencement of development to ensure that the risk of harm to protected species is low.

 

18.      No part of the service yard shall be used for car parking in association with the proposed flats and shall be kept clear from any obstructions and clear for the purposes of servicing and access at all times.

 

            Reason: To take account of the needs of the ground floor commercial premises and other users of the shared service yard and to avoid congestion, clutter and obstructions that would hinder accessibility and the amenities of all users, in accordance with Policies IC1 and SP5 of Burnley`s Local Plan (July2018).

 

19.      The proposed development of up to 32no. flats shall be afforded a principal access from the front of the premises on Croft Street (in addition to further access points to the rear of the building).

 

            Reason:  To ensure the satisfactory implementation of the proposal and provide a safe and convenient means of access to the development.

 

20.      Prior to the commencement of development, a scheme for external lighting that shall minimise light spillage outside of the site, shall be submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter be constructed in accordance with the approved scheme and only external lighting that accords with the approved scheme shall be permitted to be installed or operate at the premises at any time.

 

Reason: To avoid external light spillage, glare or nuisance from sensor lights that would adversely affect residential amenities, in accordance with Policy SP5 of Burnley`s Local Plan (2018).

 

21.       Unless otherwise approved in writing by the Local Planning Authority, all works and ancillary operations in connection with the construction of the development, including the use of any equipment or deliveries to the site, shall be carried out only between 0800 hours and 1800 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sundays, Bank Holidays or Public Holidays. Where permission is sought for works to be carried out outside the hours stated, requests in writing must be made with at least seven days' notice to the Local Planning Authority.

Reason: To safeguard the residential amenities of the local area, in accordance with Policy NE5 of Burnley's Local Plan (July 2018).